Legal Opinion

Marshall v. Ramsauer

Supreme Court of Arkansas

Decided November 15, 1875PublishedCited by 2 opinions

APPEAL from Arkansas Circuit Court. Hon. P. C. Dooley, Circuit Judge. The notice for application to sell lands is notice to the worldGantt’s Digest, 176, 4031, et seq. Ramsauer should have made himself a party; Marr., ex parte, 12 Ark., 84. Might have been corrected on appeal, and so certiorari will not lie. Allston, ex parte, 17 Ark., 580. As to parties. See Gantt’s Digest, sec. 4417. Proceedings legal.

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APPEAL from Arkansas Circuit Court. Hon. P. C. Dooley, Circuit Judge. The notice for application to sell lands is notice to the worldGantt’s Digest, 176, 4031, et seq. Ramsauer should have made himself a party; Marr., ex parte, 12 Ark., 84. Might have been corrected on appeal, and so certiorari will not lie. Allston, ex parte, 17 Ark., 580. As to parties. See Gantt’s Digest, sec. 4417. Proceedings legal. Sec “ Chapters of the Digest,” secs. 10, 23, .29, with Gantt’s Digest, sec. 1178. Confirmation cures. Rorer. on Judicial Sales, sec. 122. Reversal would not affect purchaser’s title. Moore v.…

1Opinion of the Court

Walker, J.:

This case comes before us on an appeal from the judgment of the Arkansas Circuit Court, in which, upon certiorari to the Probate Court of said county, an administrator’s sale of land belonging to the estate of his intestate, was quashed and set aside.

By reference to the transcript before us, it appears that, although the Circuit Court granted the writ, and ordered that one should be issued, directed to the clerk of the Probate Court, in fact, no writ was issued or returned. There is, however, a transcript of the record of the Probate Court copied in the records brought before us,…

2Cited by2 opinions

  1. Donovan v. Board of Police CommissionersCalifornia Court of Appeal · 1916
  2. Jones, Mayor v. LeightonSupreme Court of Arkansas · 1940

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